Part III Control of Pollution of Water Resources

F1Chapter IIA Abandoned Mines

F291A Introductory.

(1)

For the purposes of this Chapter, “abandonment”, in relation to a mine,—

(a)

subject to paragraph (b) below, includes—

(i)

the discontinuance of any or all of the operations for the removal of water from the mine;

(ii)

the cessation of working of any relevant seam, vein or vein-system;

(iii)

the cessation of use of any shaft or outlet of the mine;

(iv)

in the case of a mine in which activities other than mining activities are carried on (whether or not mining activities are also carried on in the mine)—

(A)

the discontinuance of some or all of those other activities in the mine; and

(B)

any substantial change in the operations for the removal of water from the mine; but

(b)

does not include—

(i)

any disclaimer under section 178 or 315 of the M1Insolvency Act 1986 (power of liquidator, or trustee of a bankrupt’s estate, to disclaim onerous property) by the official receiver acting in a compulsory capacity; or

(ii)

the abandonment of any rights, interests or liabilities by the Accountant in Bankruptcy acting as F3trustee or interim trustee in a sequestration (within the meaning of the M2Bankruptcy (Scotland) Act F42016);

and cognate expressions shall be construed accordingly.

(2)

In this Chapter, except where the context otherwise requires—

“the 1954 Act” means the M3Mines and Quarries Act 1954;

“acting in a compulsory capacity”, in the case of the official receiver, means acting as—

(a)

liquidator of a company;

(b)

receiver or manager of a bankrupt’s estate, pursuant to section 287 of the M4Insolvency Act 1986;

(c)

trustee of a bankrupt’s estate;

(d)

liquidator of an insolvent partnership;

(e)

trustee of an insolvent partnership;

(f)

trustee, or receiver or manager, of the insolvent estate of a deceased person;

“mine” has the same meaning as in the 1954 Act;

“the official receiver” has the same meaning as it has in the M5Insolvency Act 1986 by virtue of section 399(1) of that Act;

“prescribed” means prescribed in regulations;

“regulations” means regulations made by the Secretary of State;

“relevant seam, vein or vein-system”, in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.